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I-864 - Questions on taxes NOT filed and Form 1099

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  • I-864 - Questions on taxes NOT filed and Form 1099

    My spouse hasn't filed taxes for the last tax year (she didn't work and made ZERO dollars), but she has filed for 2016, 2015, 2014 and so on. We are gonna use a joint sponsor, but I am still uncertain on how to fill out her I-864.

    QUESTION 1) On part 6, item 25, I'm checking the box "I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this."

    How should I fill out items 24.a, 24.b and 24.c for the question: "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:"

    Option 1) Fill with the information for the tax years 2016, 2015, 2014 that she has filed taxes OR

    Option 2) Fill with the information for the tax years 2017, 2016, 2015 and put ZERO for year 2017, even though she hasn't filed taxes for the year 2017.



    QUESTION 2) I am not familiar with American taxes, so I wanted some light on this line on the instructions for the form I-864: "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns.". My joint sponsor taxes does not have this Form 1099. I did some googling and I found out that this is for independent contractors. Am I correct to assume that not everybody has to submit this Form 1099 to the IRS? And consequently, not everybody needs to send them to the USCIS along with the income tax returns?


    Thanks in advance and merry xmas!! I can finally see the light at the end of the tunnel as I am almost ready to submit everything and lurking this forum was extremely helpful.
    Field Office - Queens, NY

    31/12/2018 - Concurrent filing of I-485, I-130, I-765, I-131 - marriage-based AOS with B2 visa
    01/09/2019 - Checks were cashed & 4 NOA received
    01/19/2019 - Biometrics appointment scheduled for the 01/31
    01/22/2019 - Biometrics done on walk in
    03/27/2019 - Case is ready to be scheduled for an interview
    04/10/2019 - Interview has been scheduled to 05/21
    05/21/2019 - New card is being produced
    05/23/2019 - card shipped
    05/28/2019 - GC in hand!

  • #2
    Originally posted by vvvrrr View Post
    My spouse hasn't filed taxes for the last tax year (she didn't work and made ZERO dollars), but she has filed for 2016, 2015, 2014 and so on. We are gonna use a joint sponsor, but I am still uncertain on how to fill out her I-864.

    QUESTION 1) On part 6, item 25, I'm checking the box "I was not required to file a Federal income tax return as my income was below the IRS required level and I have attached evidence to support this."

    How should I fill out items 24.a, 24.b and 24.c for the question: "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was:"

    Option 1) Fill with the information for the tax years 2016, 2015, 2014 that she has filed taxes OR

    Option 2) Fill with the information for the tax years 2017, 2016, 2015 and put ZERO for year 2017, even though she hasn't filed taxes for the year 2017.
    Fill with the information for the tax years 2017, 2016, 2015 and put "N/A" for year 2017, according to the instructions.



    Originally posted by vvvrrr View Post
    QUESTION 2) I am not familiar with American taxes, so I wanted some light on this line on the instructions for the form I-864: "If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns.". My joint sponsor taxes does not have this Form 1099. I did some googling and I found out that this is for independent contractors. Am I correct to assume that not everybody has to submit this Form 1099 to the IRS? And consequently, not everybody needs to send them to the USCIS along with the income tax returns?
    "Every" W-2 and 1099 means every one that she got for that year. She could have gotten zero, one, or more than one W-2s, and zero, one, or more than one 1099s. It does not mean she has to have at least one W-2 or at least one 1099. It just means whatever she got, she needs to include.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Fill with the information for the tax years 2017, 2016, 2015 and put "N/A" for year 2017, according to the instructions.





      "Every" W-2 and 1099 means every one that she got for that year. She could have gotten zero, one, or more than one W-2s, and zero, one, or more than one 1099s. It does not mean she has to have at least one W-2 or at least one 1099. It just means whatever she got, she needs to include.

      Thanks you very much!! After reading through the instructions so many times, I feel embarrassed that the answer to my question was there.
      Field Office - Queens, NY

      31/12/2018 - Concurrent filing of I-485, I-130, I-765, I-131 - marriage-based AOS with B2 visa
      01/09/2019 - Checks were cashed & 4 NOA received
      01/19/2019 - Biometrics appointment scheduled for the 01/31
      01/22/2019 - Biometrics done on walk in
      03/27/2019 - Case is ready to be scheduled for an interview
      04/10/2019 - Interview has been scheduled to 05/21
      05/21/2019 - New card is being produced
      05/23/2019 - card shipped
      05/28/2019 - GC in hand!

      Comment


      • #4
        New question

        I got another question and I didn't want to create a new topic just for it.

        My joint sponsor is a permanent resident, which means that she is required to send a copy of her green card for the I-684 affidavit of support. The problem is her green card is gonna expire in 6-7 months. She is gonna apply for a new one. Do you guys think I need to wait for her to get the new one before sending my application (spouse I130, I485 etc)?
        Field Office - Queens, NY

        31/12/2018 - Concurrent filing of I-485, I-130, I-765, I-131 - marriage-based AOS with B2 visa
        01/09/2019 - Checks were cashed & 4 NOA received
        01/19/2019 - Biometrics appointment scheduled for the 01/31
        01/22/2019 - Biometrics done on walk in
        03/27/2019 - Case is ready to be scheduled for an interview
        04/10/2019 - Interview has been scheduled to 05/21
        05/21/2019 - New card is being produced
        05/23/2019 - card shipped
        05/28/2019 - GC in hand!

        Comment


        • #5
          Originally posted by vvvrrr View Post
          I got another question and I didn't want to create a new topic just for it.

          My joint sponsor is a permanent resident, which means that she is required to send a copy of her green card for the I-684 affidavit of support. The problem is her green card is gonna expire in 6-7 months. She is gonna apply for a new one. Do you guys think I need to wait for her to get the new one before sending my application (spouse I130, I485 etc)?
          no

          This is my personal opinion and is not to be construed as legal advice.

          Comment

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